Agenda - 02-15-2011 - 6a - Laserfiche WebLink

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35 3. N.C. CONST. art. I, § 34. 4. N.C. CONST. art. I, § 19. The "law of the land" provision of section 19 is the equivalent of the due process clause of the Fourteenth Amendment of the U.S. Constitution. See Chapter 8 for a discussion of constitutional issues. 5. G.S. 153A-341, 160A-383. 6. 254 N.C. 85, 89, 118 S.E.2d 1, 4 (1961). 7.273 N.C. 430, 160 S.E.2d 235 (1968). 8. Id. at 437, 160 S.E.2d at 332. 9.280 N.C. 531, 187 S.E.2d 35 (1972). 10. Id, at 549, 187 S.E.2d at 45. 11.2 E. C. YOKLEY, ZONING LAW AND PRACTICE § 13-3 at 207 (4th ed. 1978), quoted with approval in Chrismon v. Guilford County, 322 N.C. 611, 626, 370 S.E.2d 579, 588 (1988). 12. Id. See also Dale v. Town of Columbus, 101 N.C. App. 335, 399 S.E.2d 350 (1991). 13. Professor Phil Green summarized this point as follows: "I would like to suggest that at root 'spot zoning' is nothing but giving special treatment to one or a few property owners, without adequate justification.... If there is a reasonable basis for treating particular property differently from nearby or similar property, that should be enough to support the validity of the zoning." Philip P. Green, JR., Questions I'm Most Often Asked: What Is "Spot Zoning"?, 51 POPULAR GOVT 50, 50 (Summer 1985).. 14. 322 N.C. at 628, 370 S.E.2d at 589 (citations omitted). 15. 80 N.C. App. 285, 341 S.E.2d 739 (1986). 16. Id, at 288, 341 S.E.2d at 741. 17. 116 N.C. App. 168, 447 S.E.2d 438 (1994), rev. denied, 338 N.C. 524, 453 S.E.2d 179 (1995). 18. 61 N.C. App. 100, 300 S.E.2d 273 (1983). Cf. Rose v. Guilford County, 60 N.C. App. 170, 298 S.E.2d 200 (1982), in which the court held that summary judgment was inappropriate when the rezoning of a 100-acre tract from an agricultural to a residential district that allowed mobile homes was challenged as arbitrary and capricious on spot and contract zoning grounds.